Vitullo v. Mancini

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

Threshold motions to dismiss this Fair Debt Collection Practices Act (“FDCPA”) 1 case present the following questions:(i) whether, under 15 U.S.C. § 1692g(a), a debt collector must send the debtor a second written notice containing all of the information enumerated in the statute within five days of the parties’ initial communication where, as here, the initial communication contained some — but not all — of the required items of information;(ii) whether an allegedly false statement that a party is in default with respect to a note is…